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No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Prisoner Organizers Transferred for Safety from Staff by The court of appeals for the Fifth circuit affirmed a district court injunction ordering two prisoner activists transferred to another prison for protection from prison staff. The plaintiffs were accused of inciting the burning of prison buildings and that their lives would …
Article • May 15, 2007
Guards Not Liable For Deadly Force to Quell Riot by An Oregon federal district court held that prison officials are not liable for action they took to quell a disturbance that resulted in injury to the plaintiff, who was a non-participant in the disturbance. This action, filed by a prisoner …
Article • May 15, 2007
Supreme Court Restricts RICO Act's Application Against Protestors by The United States Supreme Court, in a decision with potentially far- reaching consequences for protestors, held that abortion services providers cannot use the Racketeer Influenced and Corrupt Organization (RICO) Act, 18 U.S.C. §§1962(a), (c), and (d), the Hobbs' Act, 18 U.S.C. …
Article • May 15, 2007
Hunger Striking NH Prisoner Can Be Force Fed by The New Hampshire Supreme Court held a prisoner may be forced to receive medical treatment to prevent him from starving to death. The prisoner was simply tired of what life held for him and wanted to live freely or allow himself …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
Qualified Immunity for Rockerfeller in Attica Prison Riot by The Second Circuit held that Governor Rockerfeller enjoyed qualified immunity even though he authorized armed force to retake the Attica prison. Akil Al-jundi was on D-yard of Attica prison in 1971 when armed state police and prison guards stormed the facility, …
Article • May 15, 2007
Filed under: Organizing, Voting
Disenfranchisement of Felons Constitutional; Claim Frivolous by The U.S. Tenth Circuit Court of Appeals held that disenfranchisement of Wyoming's convicted felons does not violate the Constitution, that the dismissal provisions of the Prison Litigation Reform Act (PLRA) do not violate due process, and that prisoners can be assessed a "strike" …
Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
Filed under: Organizing
CA Supreme Court Upholds Ban On Prisoner Union Meetings by A prisoners union in California filed a writ of habeas corpus, challenging the decision of the director of corrections to deny the union from holding meetings at a California state prison due to the security risks involved. The writ was …
$6,798 Paid for Injuries Sustained in Washington Riot by James C. Cobb and Carvell Gardner, McNeil Island prisoners, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1992, that resulted in a riot that caused death to one prisoner and unspecified to severe injuries to …
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their …
Article • May 15, 2007
OK to Feed Hunger striking Illinois Prisoner by The Illinois Fourth District Court of Appeal affirmed a trial Court's injunction allowing prison officials at the Pontiac Correctional Center: to force feed a prisoner on hunger strike, which was began (1) Protesting his transfer to Pontiac, (2) objecting to having his …
Texas Rioting Infraction Upheld by The plaintiff was found guilty at a disciplinary hearing of participating in a prison riot and sentenced to 10 years' loss of good time among other things. The court notes that whether there is a liberty interest in good time in Texas is undecided, but …
Investigators Retaliation Claim Set for Trial by The plaintiff, an internal affairs investigator, received information that excessive force had been used by staff during a riot. His superiors complained about his report and told him to revise it. He revised it twice at their behest. Subsequently, he said, he was …
Article • May 15, 2007
Damages Awarded for Denial of Voting Rights by The Arkansas Plaintiffs were awarded $500 to $2,000 for deprivation of voting rights. The appeals court had previously said that they "should be entitled to more than nominal damages. Moreover, humiliation, embarrassment, and mental anguish are compensable." (1211) If there is an …
Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
ABA Recommends Congress Repeal Portions of PLRA by David Reutter by David M. Reutter The American Bar Association’s Criminal Justice Section has issued a report that “urges Congress to repeal or amend specified portions of the Prison Litigation Reform Act (PLRA).” That report was sent for approval and action by …
Article • May 15, 2007
Filed under: Organizing, Hunger Strikes
Court Orders Force Feeding of Hunger-Striker by A federal district court in New York granted a motion by the BOP to allow them to force feed a civil contemnor on hunger strike. Note that some state courts have held prisoners have a state constitutional right to refuse force feeding while …
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